Labor Laws in West Virginia:- West Virginia generally abides by federal law when it comes to matters like calculating overtime pay and occupational safety, but it has laws that offer more protections to workers than federal law. These laws include rights to pregnancy accommodations, a higher minimum wage, and obligations for smaller employers to continue providing health care coverage.
The following is a summary of some of the West Virginia employment standards to assist employers in understanding the various employment laws that impact the employer-employee relationship in the state. An employer is required to abide with state and federal laws.
Minimum Wages
In West Virginia, the minimum wage is at $8.75. The state or federal minimum wage, whichever is higher, must be paid by all employers. Additionally, companies that employ fewer than six people every workweek are exempt from minimum wage legislation.
In West Virginia, employers are required to pay tipped workers a minimum of $2.62 per hour. Additionally, tip credits up to 70% of the state minimum wage may be accepted.
When tips and tipped salaries are combined, employers are required to make sure their workers earn the minimum wage. Employers are required to make up the difference if tipped employees aren’t paid the basic minimum wage when tipped earnings and tips are added together. To find out more about the minimum wage in West Virginia, visit our information page.
The minimum pay for an employee under the age of 22 is $6.40 every ninety days. The minimum wage legislation in West Virginia was passed in 2006, and it calls for increases starting in 2007. By 2028, the minimum wage is expected to reach $15.
West Virginia pay for overtime (Labor Laws in West Virginia)
For any hours worked in excess of a 40-hour workweek in West Virginia, the typical overtime pay rate is 1.5 times the usual rate of pay.
When an employee’s work hours result in overtime needs, Rippling’s payroll system automatically applies the appropriate compensation rates, assisting you in making sure you abide by overtime rules in West Virginia and throughout the US.
This is governed by the federal Fair Labour Standards Act (FLSA) at the federal level. government law exempts salespeople, farm labourers, government employees, mechanics, and local transportation workers from overtime compensation.
When deciding which employees are exempt from the overtime obligations, West Virginia has exercised extreme caution. The West Virginia Code’s §21-5C-1(f) regulations state that the following employees are not eligible for overtime compensation:
- Federal government employees
- Bowling alley pin-boys, golf caddies, newsboys, shoeshine boys, and pin chasers
- Salesman on the road
- The father, son, daughter, and spouse of the employer
- Administrators, executives, and professionals
- Anyone enrolled in a vocational programme
- A disabled person at work in the workshop of a charity shelter
- Those employed by a summer camp for boys or girls
- Anyone receiving Social Security benefits who is sixty-two years of age or older
- Agricultural labourers
- Firefighter employed by the state
- Some bus drivers
- ushers in theatres
- those who work for the State Senate, the House of Delegates, or the Joint Committee on Government and Finance on a per diem basis
- Automobile salespeople and mechanics
- seasonal workers for businesses that provide whitewater rafting
- seasonal workers in theme parks
What are the Break Laws in West Virginia?
If you work six or more hours a day in West Virginia, you are entitled to a paid meal break that lasts at least 20 minutes. In order to minimise stress, increase productivity, and avoid burnout, it is advised that companies allow their employees to take breaks. You are not entitled to paid lunch breaks, though, if you are permitted to eat while working. Furthermore, any break you take that lasts longer than thirty minutes will not be included as work time, and you will not be paid for it.
Breaks and Meals
West Virginia employers are required by law to give their workers a meal break of at least twenty (20) minutes when they are scheduled to work six (6) or more hours, at times reasonably designated by the employer, if they are not given the necessary breaks and/or are not allowed to eat while working. Act No. 21-3-10a of WV. If an employer grants additional rest intervals that are shorter than twenty (20) minutes, they must be compensated. WV Department of Labour: Lunch Breaks
If an employee is expected to work more than five (5) hours, the employer is required to give a lunch break of at least thirty (30) minutes for those under the age of sixteen (16). WV Code § 21-6-7.
Breastfeeding Laws in West Virginia:-
Employers in West Virginia are required by federal law to provide nursing breaks during working hours. According to these regulations, new mothers have the right to take a reasonable leave of absence from work for a period of 12 months after the birth of their child in order to breastfeed or express milk.
When needed, they can do this, and they should have access to a special place (not the lavatory) where they can pump or breastfeed. But keep in mind that these benefits are limited to businesses that employ more than fifty non-exempt employees.
West Virginia leave of absence
The federal Family and Medical Leave Act (FMLA), which gives qualified employees up to 12 weeks of unpaid leave annually for recovering from a serious health condition, the birth or adoption of a child, caring for a sick family member, and other personal circumstances, is mandatory for employers with 50 or more employees. Employees must have worked a particular amount of hours and been employed for at least a year in order to be eligible for FMLA leave.
Sick Leave Policy for Public Employers
Employees begin accruing 1.5 sick days per month, or 18 days yearly, upon starting a state job. You may use this leave for things like illness, injuries, doctor’s appointments, and up to three days in the event that a member of your immediate family passes away. In addition, state workers may spend up to 80 hours of sick leave in the event that members of their immediate family become ill, are injured, or need to attend medical appointments.
Child Labour West Virginia’s child labour laws limit the types of jobs that children can work in as well as the number of hours and periods that they can work.
It is against the law for any minor to work in a hazardous occupation, such as coal mine, excavation, logging, sawmilling, smelting, or any job involving the use of heavy machinery that is powered by electricity. They are also prohibited from serving, dispensing, or working in bars.
- Children under the age of 14 are not permitted to work in any profession other than:
- activities related to agriculture and horticulture that are allowed by federal legislation;
- household services performed at the employer’s home;
- work in their sole proprietorship business for parents or legal guardians;
- acting or performing on stage, in radio or television, or in motion movies; and
The 14 and 15-year-olds may not work:
- during the academic day (except from nationally sanctioned job programmes);
- 7:00 a.m. or 7:00 p.m. (or, from June 1 to Labour Day, after 9:00 p.m.);
- More than 18 hours per week during school weeks; More than 40 hours per week during nonschool weeks; More than three hours per day on school days; and More than eight hours per day on nonschool days.
- Minors are entitled to a food break if they work for more than five hours straight.
What Leave Laws Apply in West Virginia?
There are two kinds of leaves offered in West Virginia: mandatory and non-required.
What is Required Leave in West Virginia?
West Virginian employers are obligated to offer their staff the following kinds of leaves: